R.C.PATNAIK, P.C.MISRA, G.B.PATNAIK
BASUDEVPUR (R AND B) N. M. R. EMPLOYEES ASSOCIATION – Appellant
Versus
STATE OF ORISSA – Respondent
JUDGMENT :
R.C. Patnaik, J. - This Full Bench has been constituted with a view to considering a question of considerable importance, namely;
Whether having regard to the provisions contained in Sections 15 and 28 of the Administrative Tribunals Act, 1985, the jurisdiction of this Court under Article. 226 of the Constitution of India can be invoked by a casual labourer/worker, daily rated worker, like a Nominal Muster Roll employee (for short 'N.M.R.') employed by the State Government, for enforcement of his fundamental right under Article 14 of the Constitution of India for payment of equal pay for equal work and to end his exploitation ?
2. Petitioner in OJC No. 1107 of 1989 is the All Orissa Irrigation Workers Union, a registered Trade Union, whereas the petitioner No. 1 in OJC No. 1191 of 1983 is the Basudevpur (R & B) N.M.R. Employees' Association, a registered association. Petitioners 2 to 6 are the N.M.R. employees serving under the Basudevpur and Soro (R & B) Subdivisions under the control of the Executive Engineer, Balasore (R & B) Division. It has been alleged that the employment of the N.M.R. employees is a precarious one, having no certainty bf tenure and the daily wages th
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